Contraditório, imparcialidade e independência no processo arbitral: uma releitura à luz da teoria dos sistemas

Abstract

This work lends itself to analyze whether, in the arbitral process, the principles of contradictory, impartiality and independence present the same normative dimension as they do in state process or, on the contrary, should be read distinctly when entering into a system which is guided by its own goals, consists in an alternative dispute resolution and is characterized by an intense respect to the autonomy of will. In order to perform the analysis, this essay has used the theoretical tools developed by the Systems Theory, by Niklas Luhmann, seeking to understand how General Process Theory s and, more specifically, civil procedure s theoretical contributions may be properly incorporated by the arbitral process in a manner that it doesn t lose its essential qualities.